A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted under paragraph (a) (1), (2) or (3) of this section effective the date of hospital admission or outpatient treatment and continuing for a period of 1, 2, or 3 months from the first day of the month following such hospital discharge or outpatient release. The termination of these total ratings will not be subject to § 3.105(e) of this chapter. Such total rating will be followed by appropriate schedular evaluations. When the evidence is inadequate to assign a schedular evaluation, a physical examination will be scheduled and considered prior to the termination of a total rating under this section.
(a) Total ratings will be assigned under this section if treatment of a service-connected disability resulted in:
(1) Surgery necessitating at least one month of convalescence (Effective as to outpatient surgery March 1, 1989.)
(2) Surgery with severe postoperative residuals such as incompletely healed surgical wounds, stumps of recent amputations, therapeutic immobilization of one major joint or more, application of a body cast, or the necessity for house confinement, or the necessity for continued use of a wheelchair or crutches (regular weight-bearing prohibited). (Effective as to outpatient surgery March 1, 1989.)
(3) Immobilization by cast, without surgery, of one major joint or more. (Effective as to outpatient treatment March 10, 1976.)
A reduction in the total rating will not be subject to § 3.105(e) of this chapter. The total rating will be followed by an open rating reflecting the appropriate schedular evaluation; where the evidence is inadequate to assign the schedular evaluation, a physcial examination will be scheduled prior to the end of the total rating period.
(b) A total rating under this section will require full justification on the rating sheet and may be extended as follows:
(1) Extensions of 1, 2 or 3 months beyond the initial 3 months may be made under paragraph (a) (1), (2) or (3) of this section.
(2) Extensions of 1 or more months up to 6 months beyond the initial 6 months period may be made under paragraph (a) (2) or (3) of this section upon approval of the Veterans Service Center Manager.
[41 FR 34256, Aug. 13, 1976, as amended at 54 FR 4281, Jan. 30, 1989; 71 FR 28586, May 17, 2006]
Notes of Decisions
Cited in
73
cases (
3 in the last 5 years), 1991–2022 · leading case:
Butler v. Shinseki, 603 F.3d 922 (Fed. Cir. 2010).
Butler v. Shinseki, 603 F.3d 922 (Fed. Cir. 2010).
· cites it 6× “He also requested a temporary total disability rating pursuant to 38 C.F.R. § 4.30 (a), for the period of convalescence following the August 2000 surgery.”
Seals v. Brown, 8 Vet. App. 291 (Vet. App. 1995).
· cites it 7× “ed his claim for (1) an increase in rating for fusion of the right ankle with arthrodesis and traumatic arthritis (currently rated as 30% disabling); (2) an increase in rating for chronic osteo-myelitis of the right foot and ankle (currently rated as 20% disabling); and (3) an…”
Drosky v. Brown, 10 Vet. App. 251 (Vet. App. 1997).
· cites it 2× “Drosky, appeals a February 7,1996, Board of Veterans’ Appeals (BVA or Board) decision denying (1) an increased rating for service-connected pericarditis, currently rated as 10% disabling; (2) an extension of a temporary total evaluation under 38 C.F.R. § 4.30 beyond July 31,…”
Sabo v. United States, 127 Fed. Cl. 606 (Fed. Cl. 2016).
· cites it 2× “38 C.F.R. § 4.30 . In addition, convalescent ratings related to mental disorders are addressed in VASRD § 4.”
Butts v. Brown, 5 Vet. App. 532 (Vet. App. 1993).
“); (b) the question whether the Board erred, under 38 C.F.R. § 4.30 (b), in making a discretionary, adverse determination as to a veteran’s entitlement to a temporary total convalescence rating, Foster v.”
Cook v. United States, 123 Fed. Cl. 277 (Fed. Cl. 2015).
· cites it 2× “38 C.F.R. § 4.30 . And, with respect to mental disorders, VASRD § 4.”
Felden v. West, 11 Vet. App. 427 (Vet. App. 1998).
· cites it 2× “See 38 C.F.R. § 4.30 (a)(2) (“Surgery with severe postoperative residuals such as .”
Gurley v. McDonough, 23 F.4th 1353 (Fed. Cir. 2022).
“As of 1997, VA was paying him service-connected-disability compensation benefits, pursuant to 38 C.F.R. § 4.30 , at the 100 percent disability level based on individual unemployability.”
Wood v. Derwinski, 1 Vet. App. 367 (Vet. App. 1991).
“In connection with this operation appellant was granted a 100-percent convalescent rating, see 38 C.F.R. § 4.30 (1990), from May 7, 1984, until October 31, 1984.”
Foster v. Derwinski, 1 Vet. App. 393 (Vet. App. 1991).
“Appellant received, pursuant to 38 C.F.R. § 4.30 (1990), a total disability rating for convalescence, from November 2, 1988, to May 1, 1989.”
MacAk v. McDonald, 27 Vet. App. 776 (Fed. Cir. 2015).
“38 C.F.R. § 4.30 states: A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that…”
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